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PR sponsor and renewal question.

K

karthicktalk

Star Member
Sep 7, 2017
118
6
Hi,

I got my canada PR it from Feb 2014 and it expires on May 2019.

I am still in USA, i was not able to go to canada with my wife and my baby yet.

Questions:
1. I am planning to go to canada from Jan. 2018, will my PR be extended after May 2019?

2. What are my options? My baby was so sick for last 7-8 months, so was not able to plan ahead. Before that my wife was pregnant, so i almost was not able to plan for 2 years for these reasons.

3. Once i go there in Jan.2018, if i stay there for 2 years, then can i apply PR extension?

4. Also, i and my wife have PR, whereas my daughter who is 10 months old is US citizen, how do i take her to canada and apply her PR from there?

Thanks in advance.
 
You and your wife are currently in violation of the residency obligation. Therefore when you try to return to Canada, you could be reported by CBSA upon entry which would start process to revoke your PR status.

You could try to overcome the RO violation on H&C reasons if your child was ill, but as you say this was only for 7-8 months and would have hard to use it to justify 3+ years outside of Canada.

Also in order to sponsor your child for PR, one of you must by physically residing in Canada. The child though as a US citizen should be able to easily enter Canada as a visitor.

Also you are supposed to be in compliance with the RO when you apply to sponsor a child. Trying to sponsor them while in violation of RO, would again most likely end in rejection and process started to revoke your PR status. Ideally you would need to return to Canada without being reported, stay inside Canada 2 years without leaving even once, and only then apply to renew your PR cards and sponsor your child for PR.
 
Thanks for the responses.

If i land in Jan 2018 and stay till my card expires, i will be staying 1.5 years in canada. I was not able to plan 10 months(due go pregnancy) in 2016 and 8 months in 2017, technically i was not able to plan the trip for 2 years and i have all the hosiptal papers for that.

Can i use all those hospital papers along when i apply for my child? When you say visitor, you meant visitor visa?
 
Yes your child will have to remain in Canada as a visitor until you have met the RO and can apply to sponsor her.
 
Thank you, can i apply from US visitor visa for my daughter, if i am not wrong, she can stay 6 months at a stretch, right? after which she needs to exit and enter again?
 
karthicktalk said:
Thank you, can i apply from US visitor visa for my daughter, if i am not wrong, she can stay 6 months at a stretch, right? after which she needs to exit and enter again?
Click to expand...

US citizens are visa-exempt to Canada. So there is no visa to apply for. Child would simply be given visitor status upon entry, usually up to 6-months initially. Once in Canada, you can request extensions to visitor status directly to IRCC while staying inside Canada. If you can enter Canada successfully without being reported, you and your wife must commit to not leave Canada for any reason, for 2 straight years. Any exit/re-entry could lead to your PR status being revoked.

I doubt your reasons for staying in US will be seen as a valid H&C reasons to not meet RO. You and your wife could have stayed in Canada and received medical/pregnancy care for free as PRs, so it was your personal decision to remain outside Canada.

Be prepared for the chance you'll be reported upon entry, with process started to revoke your PR status. This can happen even if you have a valid PR card upon entry as the expiry date on PR card is irrelevant to you meeting the RO or not.
 
Thanks again for the responses.

Practically, it was not an option to move to canada while my wife is pregnant, considering i need to find a job there, also, her doctors advised not to do any travel.

Irrespective of whether i am reported or not, if i work there for say 1.5 years, can i still continue to work in work permit and extend my PR after 2 years?
 
If you are reported you will be allowed to enter but your time in Canada after that point will not count towards your residency until they make a final determination (assuming you appeal the decision). During that time they will allow you a 1 year PR card.
 
Thanks for the responses.

1. Do i get a notice at the port of entry that i need to appeal? I can support my documents and reasons to that appeal.
2. Is there a time frame i need to receive and respond to the appeal?
3. If i get a job, I will be working that via PR immigration status, for some reason, if i lose in the appeal, can i get work permit and continue to work in that job via work permit? Am i then be able to apply again PR renewal when i complete 2 years?
 
If you are reported and loose your appeal you will be required to leave Canada. You will no longer have permanent residence and you won't be eligible for a work permit. You would need to reapply from the start for your PR.
If you are reported they will provide you a copy of the report and instructions on how to appeal. They won't decide at the boarder. It can take several years for the final decision of an appeal.
 
Thanks again for the responses, much appreciated.

If by chance for any reason, if they report me and get me a notice to appeal, assume i appeal to that within the right time, since it takes several years for the final decision of an appeal, can i continue to stay in canada in that period? Will be eligible to apply PR extension if i have 2 years residency?
 
You can't renew your PR while under appeal or when reported. Your time in Canada does not count towards your permanent residence until you have a successful appeal decision. You won't be able to sponsor your child until the outcome is decided.
 
karthicktalk said:
Hi,

I got my canada PR it from Feb 2014 and it expires on May 2019.

I am still in USA, i was not able to go to canada with my wife and my baby yet.

Questions:
1. I am planning to go to canada from Jan. 2018, will my PR be extended after May 2019?

2. What are my options? My baby was so sick for last 7-8 months, so was not able to plan ahead. Before that my wife was pregnant, so i almost was not able to plan for 2 years for these reasons.

3. Once i go there in Jan.2018, if i stay there for 2 years, then can i apply PR extension?

4. Also, i and my wife have PR, whereas my daughter who is 10 months old is US citizen, how do i take her to canada and apply her PR from there?

Thanks in advance.
Click to expand...
are you PR in the USA?
 
Buletruck said:
You can't renew your PR while under appeal or when reported. Your time in Canada does not count towards your permanent residence until you have a successful appeal decision. You won't be able to sponsor your child until the outcome is decided.
Click to expand...
Thanks.
Any suggestions do you have for me?
 
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